Microsoft Corporation (“Microsoft”) is a company that needs no introduction, being globally renowned for designing, producing, marketing and supporting a broad range of computer-related products. The company recently brought a civil action against Act Integrated System Sdn Bhd, alleging them of infringing Microsoft’s copyright in their computer programmes by reproducing and marketing pirated copies without Microsoft’s consent, license or permission.
The case at the Kuala Lumpur High Court was heard by way of affidavit evidence, without cross-examination of the deponents, which made for a highly unusual mode of proceedings. Although there were disputes as to facts, Microsoft complied with the High Court direction, filing affidavits of Microsoft’s Corporate Attorney, a private investigator hired by Microsoft, and a computer technician under the employment of Microsoft, while Act Integrated System filed only an affidavit by its director, Te Peng Keat.